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(영문) 울산지방법원 2018.10.16 2017가단20035
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. On October 2015, the Defendant unilaterally suspended construction works around 15, 2015, while Plaintiff B, Nonparty E, F, G, H, I, and J awarded a contract for each part of the construction works, and Plaintiff B, etc. were performing construction works up to 80% according to the contract.

The Defendant, including the Plaintiff B, did not pay the construction cost of KRW 146,976,594 to the said contractor, including the construction cost of KRW 64,302,00.

B. The contractor except the Plaintiff B transfers the total amount of KRW 82,674,594 to the Defendant and completed the notification of the assignment of the claim to the Defendant.

C. Accordingly, the defendant is jointly and severally liable to the plaintiffs for the payment of the above sum of KRW 82,674,594 and damages for delay thereof, and the construction price of KRW 64,302,00 and damages for delay shall be paid to the plaintiff B.

2. Each of the descriptions in Gap evidence Nos. 1 and 2 (including virtual numbers) was entered into with the contract for the construction of the building between the plaintiff B and the transferor of the above assignment.

Inasmuch as it is insufficient to recognize that the Defendant agreed to pay the construction price to the above contractor, the Plaintiffs’ claim on the acquisition price claim or the Plaintiff’s claim against the Defendant on the premise that there exists a claim for construction price against the Defendant of the said contractor B is dismissed as it is without merit.

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